Rep. Daniel J. Burke
Filed: 4/3/2014
 
 

 

 

 
09800HB3768ham003LRB098 14784 MLW 58200 a



1
AMENDMENT TO HOUSE BILL 3768 




2    AMENDMENT NO. ______. Amend House Bill 3768, AS AMENDED, by 
3replacing everything after the enacting clause with the 
4following:

 
 
5    "Section 5. The Humane Care for Animals Act is amended  by 
6adding Section 2.01b-1 and by changing Section 3.02 as follows:
 
7    (510 ILCS 70/2.01b-1 new)
8    Sec. 2.01b-1. In the presence of a minor. "In the presence 
9of a minor" means in the physical presence of a person under 18 
10years of age or knowing or having reason to know that a person 
11under 18 years of age is present and may see or hear an act 
12constituting a violation.
 



13    (510 ILCS 70/3.02)


14    Sec. 3.02. Aggravated cruelty. 
15    (a) No person may intentionally
commit an act that causes a 
 
 
09800HB3768ham003- 2 -LRB098 14784 MLW 58200 a

1companion animal to suffer serious injury or
death.  Aggravated 
2cruelty does not include euthanasia of a companion animal

3through recognized methods approved by the Department of 
4Agriculture unless prohibited under subsection (b). 
5    (a-5) No person may knowingly beat, cruelly treat, torment, 
6starve, overwork, or otherwise abuse any companion animal in 
7the presence of a minor. 

8    (b) No individual, except a licensed veterinarian as 
9exempted under Section 3.09, may knowingly or intentionally 
10euthanize or authorize the euthanasia of a companion animal by 
11use of carbon monoxide.
12    (c) A person convicted of violating Section 3.02 is guilty 
13of a Class 4
felony.  A second or subsequent violation is a 
14Class 3 felony.  In addition to
any other penalty provided by 
15law, upon conviction for violating this Section,
the court may 
16order the convicted person to undergo a psychological or

17psychiatric evaluation and to undergo any treatment at the 
18convicted person's
expense that the court determines to be 
19appropriate after due consideration of
the evaluation.  If the 
20convicted person is a juvenile or a companion animal
hoarder, 
21the court must order the convicted person to undergo a 
22psychological
or psychiatric evaluation and to undergo 
23treatment that the court determines to
be appropriate after due 
24consideration of the evaluation.

25(Source: P.A. 96-780, eff. 8-28-09.)".